Looking at what the learned trial Judge said in the case at bar, it would appear to me that in this case there is a much more direct comment on the failure of the accused to testify in their own defence. It is not a mere pointing out that certain matters are not contradicted, it deals directly with their failure to testify at their trial. In my opinion, this direct comment comes squarely within the prohibition of the statute and renders a new trial necessary. The matter is decisively concluded in my opinion by the judgment of the late Chief Justice which I have quoted from in Bigaouette v. The King.
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